ILNews

Court clarifies decision on jury instructions

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The Indiana Court of Appeals granted the state’s request for rehearing on a case in which the judges found the trial court erred in not giving a defendant’s tendered jury instruction, but that the error was harmless. The state contended that two cases dictated that there was no error by the court.

A panel of the Court of Appeals affirmed Joseph Matheny’s conviction of Class D felony auto theft, but in doing so, concluded the trial court erred in refusing his tendered jury instruction regarding the jury’s duty to conform the evidence to the presumption that a defendant is innocent. But when looking at the totality of the circumstances, the judges originally held the error was harmless.

On rehearing in Joseph Matheny v. State of Indiana, 49A04-1207-CR-347, the state argued that the COA’s previous ruling conflicts with Santiago v. State and Albores v. State, which were decided by the appellate court in March and April 2013, respectively. In those decisions, the judges found that the concept that the jury should attempt to fit the evidence to the presumption that the accused is innocent was adequately covered by the trial court’s instructions. Those decisions also distinguished Lee v. State, 964 N.E.2d 859 (Ind. Ct. App. 2012), in which jury instructions were not as detailed and the jury was not instructed that the presumption of innocence prevails throughout trial.

“As in Lee, the jury in this case was not instructed that the presumption of innocence prevails throughout the trial. Accordingly, we reach a different conclusion than Santiago and Albores because the instructions that the trial court gave the jury did not adequately convey the substance of Matheny’s tendered instruction,” Judge Terry Crone wrote Monday.

“In this case, such an instruction was requested, refused, and not adequately covered by the given instructions, and therefore the trial court abused its discretion.”

The appellate panel also denied the state’s claim that it used a “magic words” approach in its original decision and failed to consider the entirety of the jury instructions given at trial. Crone wrote that the state’s argument simply ignores the fact that the instructions in Matheny were different from those given in Santiago and Albores.

 

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  • Constitution
    Indiana Constitution: Article 1, Section 19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts.

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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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